Eli Lilly and Co v Pfizer Research and Development Co NV/SA

Eli Lilly and Co sued Pfizer Research and Development Co NV/SA, alleging infringement of Australian Patent No 676571, which claims a method of treating erectile dysfunction in humans by administering an orally effective amount of a cGMP PDEV inhibitor. The defendants denied infringement and counterclaimed for the patent to be declared invalid. The court had to determine if the patent was valid, if the defendants had infringed the patent, and if the patent was invalid, what remedy was appropriate.

The court held that the patent was valid and the defendants had infringed the patent. The defendants argued that the patent was invalid because it lacked clarity and sufficiency. However, the court found that the patent provided sufficient information for a person skilled in the art to make and work the invention. The court also held that the defendants had infringed the patent by selling and distributing a product that fell within the scope of the patent. The court rejected the defendants' argument that their product was not a cGMP PDEV inhibitor, finding that the product was essentially the same as that claimed in the patent. Finally, the court ordered that the patent be amended to delete claim 9 and amend claim 10 to clarify the scope of the patent. The defendants were ordered to pay the costs of the application to amend.